Since the gold imported in smuggling is not the goods falling under Article 181 of the Customs Act, Article 186 of the same Act can not be applied.

Since the gold imported in smuggling is not the goods falling under this Article, Article 186 of the same Act can not be applied.

Article 181 of the Customs Act, Article 186 of the Customs Act, Article 5 of the Temporary Measures Act on Gold

Supreme Court Decision 4294Do400 Delivered on December 14, 1961, Supreme Court Decision 69Do1888 Delivered on December 23, 1969

Defendant and one other

Busan District Court Decision 70No594 delivered on June 26, 1970, Busan District Court Decision 70No594 delivered on June 26, 1970

The original judgment shall be reversed, and

The case shall be remanded to Busan District Court Panel Division.

The Defendants’ ground of appeal No. 1 is examined.

As to the act of smuggling import and export of gold, Article 181 of the Customs Act shall be subject to the Act on Ad Hoc Measures, and since Article 181 of the Customs Act shall not be subject to the said Act (see Supreme Court Decisions 4294Do400, Dec. 14, 1961; 69Do1888, Dec. 23, 1969), it shall not be subject to the said Act even if the defendants knowingly purchased gold bars imported in this case, it shall not be subject to the goods falling under Article 181 of the Customs Act under Article 186 of the said Act, as stated in Article 186 of the said Act, although the court below did not err in applying Article 186 of the Customs Act to the above criminal facts against the defendants, it shall not be reversed, and it shall not be subject to the other grounds for appeal.

Therefore, according to Articles 390, 391, and 397 of the Criminal Procedure Act, the decision is delivered with the assent of all participating judges.

Supreme Court Judge Yang Byung-ho (Presiding Judge)